Wisconsin Criminal Statute of Limitations

Below are the statutes of limitation for criminal cases in Wisconsin
which set forth the time periods within which a legal proceeding must be
commenced. If the state fails to bring a case within the specified time period,
it loses its right to prosecute for that crime forever. In general, violent
crimes have a longer statute of limitations, and with some crimes there is no
statute of limitations. In certain instances, the statute of limitations may be
tolled, or suspended, which grants the state additional time to commence a
legal action.

Theft, having obtained possession of the property lawfully
and subsequently misappropriating it: within one year after discovery of the
loss, but time limitation can be extended only up to five years

Second degree sexual assault of a child, certain felony violations
of engaging in repeated acts of sexual assault of the same child, intentionally
causing great bodily harm to a child, sexual exploitation of a child, incest
with a child, certain child enticement, use of a computer to facilitate a child
sex crime, soliciting a child for prostitution, sexual assault of a child placed
in substitute care, or sexual assault of a child by a school staff person or a
person who works or volunteers with children: before the victim reaches the age
of 45 years, with exceptions relating to the use of DNA evidence

Certain causation of bodily harm to a child or failing to
act to prevent bodily harm to a child, causing mental harm to a child, and
certain child enticement: before the victim reaches the age of 26 years, with exceptions
relating to the use of DNA evidence

Trafficking of a child: before the victim reaches the age of
24, with exceptions relating to the use of DNA evidence

DNA evidence

For certain offenses, use of DNA evidence to identify the
offender can extend the periods of limitation for prosecution (see Wis. Stat. § 939.74 for more details)

Tolling provisions

Time periods during which the offender was not publicly a
resident of Wisconsin or during which a prosecution against the offender for
the same act was pending are not included in the periods of limitation

Time periods during which an alleged victim of sexual
exploitation by a therapist under is unable to seek the issuance of a complaint
due to the effects of the sexual contact or due to any threats, instructions or
statements from the therapist are not included in the periods of limitation